CENON R.

TEVES, Petitioner,
vs.
PEOPLE OF THE PHILIPPINES and DANILO R. BONGALON, Respondents.

DOCTRINE/TOPIC: ART 349 BIGAMY

FACTS:

On 26 November 1992, a marriage was solemnized between Cenon Teves (Cenon) and Thelma
Jaime-Teves (Thelma). After marriage, Thelma worked abroad and would only come back to the
Philippines during vacations. On her vacation in 2002, she was informed that her husband Cenon
contracted marriage with another women, Edita Calderon. To verify this, she went to the NSO and
secured a copy of the Certificate of Marriage which indicated that Cenon and Edita had indeed
contracted marriage on December 10, 2001 at the Divine Trust Consulting Servies, Malhacan,
Meycauayan, Bulacan.

On February 13, 2006 Thelma’s uncle, Danilo Bongalon filed a complaint against petitioner for
the crime of bigamy. He was then charged by the court for bigamy, but during the pendeny of the case,
a decision on May 04, 2006 declared that the marriage between Denon and Thelma was null and void
on the ground that Thelma is physically incapacitated to comply with her essential marital obligations
under Article 36 of the Family Code.

The RTC ruled Cenon to be guilty of bigamy, refusing to accept such verdict, petitioner appealed
the decision before the Court of Appeals contending that the court a quo erred in not ruling that his
criminal action or liability had already been extinguished. The CA dismissed his appeal and affirmed the
trial court’s ruling. Petitioner claims that since his previous marriage was declared null and void, "there
is in effect no marriage at all, and thus, there is no bigamy to speak of."

ISSUE:

WON accused is guilty of the crime of bigamy.

RULING:

YES. Under Article 247, the elements of Bigamy are as follows:

1. That the offender has been legally married;

2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code;

3. That he contracts a second or subsequent marriage; and

4. That the second or subsequent marriage has all the essential requisites for validity.

The Court finds that the instant case has all the elements for bigamy. Petitioner was legally
married to Thelma on 26 November 1992 at the Metropolitan Trial Court of Muntinlupa City. He
contracted a second or subsequent marriage with Edita on 10 December 2001 in Meycauayan, Bulacan.
At the time of his second marriage with Edita, his marriage with Thelma was legally subsisting. The
decision of nullity of marriage between Edita and Cenon only occurred five years after his second
marriage. Finally, the second or subsequent marriage of petitioner with Edita has all the essential
requisites for validity. 

WHEREFORE, the instant petition for review is DENIED and the assailed Decision dated 21
January 2009 of the Court of Appeals is AFFIRMED in toto.